Section R9-34-318. Withdrawal of a Request for a State Fair Hearing  


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  • A.       AHCCCS shall accept a written request for withdrawal if the written request for withdrawal is received from the FFS mem­ ber before AHCCCS mails a notice of hearing under A.RS. § 41-1092 et seq.

    B.       If AHCCCS mailed a notice of hearing under A.R.S. § 41- 1092 et seq., an FFS member shall send a written request for withdrawal to OAH.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 828, effective April 3, 2004 (Supp. 04-1).

R9-34-319.      Denial of a Request for a State Fair Hearing AHCCCS shall deny a request for hearing under A.RS. § 41-1092 et seq., upon written determination that:

1.       The request for hearing is untimely;

2.        The request for hearing is not for an action permitted under this Article;

3.        The request for State Fair Hearing is moot, as determined by AHCCCS, based on the factual circumstances of the case; or

4.        The sole issue presented is a federal or state law requiring an automatic change adversely affecting some or all enrollees.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 828, effective April 3, 2004 (Supp. 04-1).